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fx^l. 


THOUGHTS 


on 


THE   BANKING  SYSTEM 


OF 


T  r 


wips>:ii:sa  ©^M^iDj^a 


AM>  01T 


THE  PRESENT  CRISIS. 


•vv\    vw 


>/:. 


tS^V" 


TORONTO! 
PRINTED  FOR  THE  AUTHOR. 


1837. 


'♦'■  ^ 


TO  THE  HONORABLE 


THE    LEGISLATIVE    COUNCIL 


AND 


HOUSE  OF  ASSEMBLY 

OF 

UPPER  CANADA. 

These  observations  on  the  important  subject  upon  which  they  are  about  to  Legislate 

ARE  RESPECTFULLY  INSCRIBED 

By  their  most  obedient  Servant, 

THE  AUTHOR. 


m 


' 


THOUGHTS 


ON 


THE  BANKING  SYSTEM,  &c; 


In  times  like  the  present  when  the  deepest  anxiety  prevailsj 
timongst  all  classes  of  the  community,  as  to  the  result  of  the 
approaching  Session  oi  Parliament,  which  has  been  called  in 
respondeuce  to  simultaneous  addresses  from  all  parts  of  the 
Province,  we  shall  perhaps  not  be  considered  obtrusive  in  oiFering 
a  few  observations  to  the  public^ 

We  believe  that  the  opinions  which  we  shall  advance,  will 
harmonize  with  the  admitted  truths  of  Political  Economy,  but 
are  at  the  same  time  convinced  that  they  will  be  at  variance  with 
the  views  of  those  who,  being  directly  interested  in  opposing  them^ 
have  unfortunately  but  too  much  influence  in  doing  so  with  effect. 
We  shall  be  happy  indeed  if  our  opponents  will  discuss  the  question 
in  a  spirit  of  candour  and  forbearance*  and  the  result,  we  feel 
assured,  will  be  that  the  great  mass  of  the  community  will  be  much 
better  informed  on  the  important  subjects  on  which  we  shall  treat 
than  they  have  hitherto  been.  AVe  candidly  admit,  at  the  outset, 
that  having  been  always  an  advocate  for  free  trade  to  the  most 
unlimited  extent,  we  see  no  reason  to  depart  from  our  general 
principles,  as  far  as  Banking  is  concerned.  We  are  then  for 
perfect  freedom  in  Banking,  but  let  it  not  be  supposed,  that  we 
object  to  proper  restrictions,  not  inconsistent  with  that  perfect 
freedom  which  we  advocate.  We  do  not  object  to  Companies 
associating  for  Banking  purposes,  being  obliged  to  register  the 
names  of  their  partners,  to  their  declaring  their  nominal  capital,  and 
the  amount  paid  in,  to  their  making  returns  of  their  liabilities  to  the 
public  at  stated  intervals,  nay,  we  should  not  object  to  their  being 
obliged  to  give  security  for  their  issues,  provided  all  other  Com" 
panics  were  obliged  to  do  the  same ;  but  while  chartered  Companies^ 
wholly  irresponsible,  ore  allowed  to  issue  paper,  we  cannot  lee  any 


4 

propriety  in  calling  on  Companies  whose  partners  are  fully 
responsible,  for  any  furlhrr  security  than  their  genetal  liabilities  for 
all  the  engagements  of  the  Company  to  which  they  belong.  Our 
arguments  in  favour  of  Free  Banks  are— 1st.  That  we  believe  the 
security  to  the  public  is  greater  than  under  any  other  system,  and 
consequently  that  there  will  be  more  confidence  in  Joint  Stock 
Banks  than  in  any  other,  in  times  of  difficulty. 

2nd.  We  are  against  all  monopolies.  We  can  see  no  reason, 
why  the  privilege  of  issuing  paper,  intended  to  pass  as  money  and 
which  is  the  representative  of  gold  and  silver,  should  \ie  extended 
to  one  individual,  or  one  corporation,  more  than  to  another. 

3rd.  We  believe  that  a  Free  Banking  system  woutd  have  the 
effect  of  bringing  British  Capital  into  the  Province.  We  hare 
heard  from  the  highest  authority,  of  the  "  redundant  wealth  of  the 
Mother  Country."  We  cannot  say  we  have  yet  heard  of  the 
redundant  wealth  oi  Upper  Canada.  We  believe  that  the  true 
method  of  "attracting"  that  wealth  to  Upper  Canada,  would  be  to 
do  away  with  the  Usury  laws  and  to  allow  perfect  freedom  of 
trade  in  Banking.  We  know  that  Banking  Corporations  divide 
12  per  cent  per  annum  and  yet  no  individual  is  allowed  to  take 
more  than  6  per  cent.  Had  we  perfect  free  trade  in  money,  capital 
would  flow  here  as  long  as  it  would  bring  7  or  8  per  cent.  We 
have  heard  it  repeatedly  stated  that  there  are  Banks  enough  ii)  the" 
Province  and  that  the  more  there  are  the  more  difficult  it  is  to  get 
accommodation. 

We  cannot  perceive  the  truth  of  the  assertion.  We  know  there 
ii  abundance  of  good  paper  in  the  best  of  times  which  the  Banks 
cannot  discount,  and  we  cannot  admit  there  is  too  much  Banking 
capital  until  wo  find  the  Banks  seeking  foi  paper  to  discount  and 
the  rate  of  interest  coming  down  as  it  does  in  England,  when- 
money  is  plenty.  We  confess  we  should  wish  to  see  the  mercan- 
tile community  more  independent  of  the  Banks  than  they  are.  We 
should  like  to  see  the  latter  made  to  feel  the  value  of  a  good  ac' 
count,  and  the  merchants  able  to  demand,  aye,  to  insist  upon  that 
accommodation  which  they  have  a  right  to  expect.  We  think  theee 
results  would  be  produced  by  competition  and  we  would  not  check 
that  competition.  We  proceed  to  consider  the  leading  objections  to 
Free  Banking,  &  1st.  The  grand  one  which  is  in  the  mouths  of  all  its 


6pi)on«nts— namely,  that  the  best  guarantee  to  the  public  is  a  paid 
up  Capital  and  that  responsibility  is  of  secondary  consequence. 
We  shall  perhaps  destroy  this  argument  most  effectually,  by  admit- 
ting its  truth.  We  deny  that  the  supporters  of  Joint  Stock  Banks 
here  or  elsewhere  inculcate  any  such  notion,  or  that  their  Constitu- 
tions "  frrdain  any  sitcJi  absurdity"  as  that  a  paid  up  Ccpital  is 
ijot  requisite.  We  defy  any  person  practically  acquainted  with 
Banking  in  Upper  Canada,  to  assert  that  it  is  possible  to  carry  on 
Banking  here  except  on  the  basis  of  a  bona  fide  Capital,  the  business 
to  be  in  proportion  to  such  Capital.  We  know  that  in  England, 
Banking  is  carried  on  with  a  merely  nominal  Capital,  but  the  rea- 
son is  obvious.  The  security  of  the  Joint  Stock  Banks  is  consider- 
ed so  good  by  Capitalists  that  in  ordinary  times  they  can  borrow  as 
much  money  at  3  per  cent  per  annum  as  they  can  lend  at  4  or  5. 
Thus  they  want  no  Capital,  they  re-discount  the  bills  in  London 
Mrhich  they  discount  in  the  country  at  a  profit  of  1  or  2  per  cent; 
and  are  thus  enabled  to  make  large  profits  with  a  small  paid  up 
Capital,  and  this  has  been  the  cause  of  great  overtrading  in  all 
branches  of  business.  Business  of  this  description  is  unknown  here 
—we  have  no  re  discounting.  The  Banks  do  not,  I  believe,  take 
short  paper  from  one  another  in  payment  of  balances,  added  to 
which,  payments  are  more  irregular  than  in  England,  so  that  the 
Banks  are  even  restricted  within  what  might  be  considered  the 
legitimate  bounds  of  their  business.  We  presume  our  opponents 
are  not  yet  aniicipating  the  time  when  money  shall  be  so  plenty  here 
as  to  enable  Banks  to  do  a  similar  business.  When  it  is,  it  may  be 
necessary  to  place  some  restrictions  upon  them.  We  must  keep  in 
mind  however,  that  chartered  Banks  can  do  such  a  business  as  welV 
as  priva';e  ones,  unless  their  irresponsibility  should  prevent  their 
getting  ihe  same  credit. 

2ndly.  We  are  told  that  it  should  be  insisted  upon  that  the 
whole  Capital  of  these  Banks  should  be  paid  up.  We  should  be 
tempted  to  ask  an  extensive  importing  merchant,  who  frequently 
urges  this  restriction — whether  he  would  prevent  a  customer  of  his 
with  a  Capital  of  dfilOOO,  from  doing  any  business,  because  he  an- 
ticipated in  a  few  years  getting  oClO.OOO  mrre  Capital,  ard  in  the 
liieantime  could  not  make  the  large  importations  which  the  eminent  ^ 
merchant  alluded  to  is  in  the  habit  of  making  ? 


f1' 


e 

As  well  might  he  prevent  this  man  from  commencing  business 
till  he  had  all  his  Capital  on  hand,  as  say,  that  a  private  Bank  oom- 
j)osed  of  persons  associating  together  I'or  Banking  purposes  should 
have  the  whole  Capital  paid  up  before  commencing. 

We  shall  illustrate  our  argument  by  a  case  in  point.  The  Capital 
of  the  Farmers'  Joint  Stock  Banking  Company  at  the  outset  was 
^£500,000.  Had  this  been-  all  taken  up,  they  would  now  have  paid 
in  a  larger  Capital  than  any  Bank  in  the  province;  but  the  intelli- 
gent gentleman  referred  to  would  no  doubt  say,  you  must  do  no 
business  until  every  dollar  is  paid  up.  We  contend  that  upon  the 
very  principle  laid  down  by  our  opponents,  that  of  paid  up  Capital, 
the  People's  Bank,  whose  liabilities  to  the  public  are  probably  not 
a  shilling  for  every  pound  of  the  Upper  Canada  and  Commercial 
Banks,  is  as  saie  as  those  great  Institutions,  while  the  additional 
guarantee  is  afforded  of  the  responsibility  of  the  Shareholders. 

3rd.  We  are  told  that  in  times  of  difficulty  and  embarrassment 
the  small  Banks  as  they  are  called  are  obliged  to  sacrifice  their  cus- 
tomers in  order  to  protect  themselves,  and  are  quite  unable  to  meet 
any  commercial  revulsion  such  as  has  lately  unhappily  taken  place 
on  this  continent.  Also  that  in  times  of  prosperity  these  institutions 
are  a  check  upon  the  larger  ones  and  prevent  their  issues  being  as 
large  as  they  otherwise  would  be. 

We  must  again  repeat  that  if  a  Bank  trade  upon  its  hona  fide 
capital,  it  cannot  make  any  difference  to  the  public  whether  that 
capital  is  large  or  small.  If  the  capital  is  too  small  to  pay  the  ne- 
cessary expenses  of  the  business  and  yield  a  fair  profit  to  the  share- 
holders they  will  have  no  object  in  carrying  it  on ;  and  in  Joint 
Stock  Banks  where  all  the  partners  are  liable  for  the  engagements 
of  the  Bank  there  is  little  probability  of  the  Directors  engaging  in 
wild  speculations  or  trading  beyond  their  means,  because  the  extra 
profits  can  be  of  little  consequence  compared  with  the  risk  incurred. 
Not  so  we  believe  with  chartered  Banks,  the  Directors  know  they 
cannot  lose  more  than  their  paid  up  capital,  which  is  in  many  cases 
merely  nominal,  and  they  are  therefore  more  likely  to  run  great 
risks  for  the  purpose  of  obtaining  large  dividends. 

We  contend  therefore  that  a  revulsion  in  business  cannot  embar- 
rass  a  small  bank  one  jot  more  than  a  large  one:  we  deem  it  next  to- 
impossible  that  any  Banks  can  sacrifice  the  interests  of  the  commeF-' 


cla!  body  more  than  the  Chartered  Banks  have  done  in  this  Prov- 
ince. We  may  also  observe  that  during  the  present  panic  it  does 
not  appear  that  the  Joint  Slock  Banks  have  been  less  able  to  meet 
these  distressing  times  than  the  chartered  ones.  With  regard  to 
the  objection  that  in  times  of  prosperity  a  number  of  Banks  havo 
the  effect  of  checking  issues,  this  complaint  generally  comes  from 
the  advocates  of  one  Mammoth  Institution,  and  of  course  applies 
equally  to  chartered  and  to  Joint  Slock  Banks,  and  it  has  been  a 
strong  objection  made  by  the  advocates  of  such  a  Bank  against  the 
charters  of  small  Banks  throughout  the  Province.  Now  with  re- 
gard to  this  objection  we  hold  it  as  an  axiom  that  every  Bank  will 
be  anxious  to  keep  up  as  large  a  circulation  as  it  can  with  safety. 
It  is  not  therefore  likely  that  in  times  of  prosperity  the  legitimate 
issues  of  any  Bank  will  be  materially  checked  by  rival  institutions ; 
but  it  is  of  the  utmost  importance  to  the  public  safety  that  over  issues 
by  any  Bank  should  be  promptly  checked,  and  to  do  this  the  salutary 
control  of  other  Banks  has  always  been  found  the  most  effectual 
remedy.  The  very  existence  of  Banking  Institutions  depends  on 
the  public  confidence,  and  every  Bank  is  interested  in  having  the 
business  safely  and  prudently  conducted  by  other  institutions. 

Finally,  we  have  heard  it  charged,  and  we  know  it  is  done  by 
those  connected  with  the  Chartered  Banks,  that  the  Joint  Stock 
Banks  had  no  specie  but  what  they  obtained  from  the  other  Banks, 
&  they  would  therefore  we  presume  imply  that  they  had  no  capital  at 
all.  We  feel  almost  repugnant  to  use  argument  with  people  guilty 
of  the  absurdity  contained  in  this  charge  ;  but  it  is  such  a  favourite 
oxie  that  we  are  compelled  to  notice  it,  This  charge  was  first 
brought  against  Messrs.  Truscott,  Green  &  Co.  on  their  commenc- 
ing their  Bank  in  Toronto,  by  the  friends  of  the  Bank  of  U.  C,  and 
a  moment's  consideration  must  convince  every  one  of  its  absurdity. 
That  wealth  consists  of  such  commodities  asareuseful — thatis, neces- 
sary or  agreeable  to  mankind — is  one  of  the  first  truths  of  poli- 
tical economy.  The  man  who  imports  dClOO  of  British  Broad  Cloths 
brings  as  much  wealth  as  he  who  brings  <£100  of  British  silver 
coin.  If  then  Messrs.  Truscott,  Green  &  Co.  sold  Bills  of 
Exchange  to  Merchants  to  pay  for  their  cloths  and  flannels,  they 
•  brought  as  much  wealth  to  Upper  Canada  as  if  they  had  brought  it 
ia  the  9bape  of  silver — they  were  paid  for  their  bills  in  Bank  paper, 


f 


mm 


MP 


M 


( 

& 


or  tha  representative  of  gold  and  silver,  and  were  then  abased  for 
demanding  payment  of  those  bills.  In  like  manner  the  Stock  of 
the  Farmers*  and  People's  Banks  was  paid  in  and  continues  to  be 
paid  in  in  paper  of  different  Banks.  Surely  it  is  unreasonable  in 
these  Banks  to  complain  that  their  notes  are  taken  and  held  as  silver, 
as  were  they  not  it  would  be  because  they  were  not  considered  to 
be  convertible  into  specie  on  demand.  We  shall  illustrate  our  po« 
sitJon  by  supposing  that  an  individual  in  England  with  <£1000  in 
gold  should  come  to  U.  C.  and  invest  saiu  sum  in  gold  in  the  Farm* 
crs'  Bank.  Ii  would  not  be  denied  by  any  one  that  this  was  so 
much  bona  fide  specie  paid  in  ;  but  let  us  alter  the  case,  the  gentle- 
man paid  his  gold  to  Thomas  Wilson  &  Co.  for  the  credit  of  the 
Bank  of  Upper  Canada.  He  arrives  out,  lets  his  money  lie  a  few 
months,  and  then  buys  Farmers'  Stock.  He  goes  to  the  Bunk  of 
U.  C.  to  draw  his  deposit,  who  pay  him  in  their  bills,  which  he 
takes  to  the  Farmers'  Bank  and  they  of  course  convert  them  into  spe- 
cie. This  however  is  no  capital  at  all  according  to  our  logicians, 
whose  argument  however  only  tends  to  depreciate  their  own  paper. 
We  must  however  attend  to  the  course  pursued  by  the  other  Banks, 
the  Gore  for  instance.  We  have  no  means  of  knowing  how  the 
Gore  Bank  got  its  specie,  but  we  must  assume  that  its  capital  was 
paid  in  other  Bank  notes.  We  know  its  Cashier  professed  his  un- 
willingness to  draw  specie  from  any  Bank.  He  must  therefore 
have  got  drafts  on  some  place  where  he  could  procure  it,  say  New 
York.  Now  if  these  drafts  were  given  him  at  par  when  they  were 
really  worth  2  percent,  we  think  theBank  giving  them  must  have  been 
badly  provided  with  silver,  for  funds  in  New  York  are  in  all  ordina- 
ry times  considered  better  than  silver,  inasmuch  as  they  command  a 
premium  varying  from  2  to  4  per  cent.  If  on  the  contrary  the  Gore 
Bank  paid  the  ^>remium  for  the  draft,  and  also  paid  the  expenses  (A 
importing  the  silver  we  are  free  to  admit  they  carried  their  courtesy 
to  a  great  extent  in  paying  3  per  cent  for  what  they  had  a  right  to 
get  at  par ;  and  we  think  they  were  scarcely  warranted  in  subject- 
ing their  shareholders  to  such  heavy  loss;  We  admit,  however, 
SDch  courtesy  may  have  a  good  effect,  and  we  believe  the  sftir<« 
course  has  been  pursued  by  the  Bank  of  British  North  America  at 
great  loss  to  themselves.  They  are  importing  their  silver  though 
they  coitkl  import  their  capita)  as  well  by  selling  exchairge.    Ex- 


ased  for 
Stock  of 
SB    to  be 
nable  in 
as  silver, 
Jered  to 
I  our  po- 
ElOOO  in 
le  Fartn* 
s  was  so 
e  genlle- 
it  of  the 
lie  a  few 
Bunk  of 
which  he 
into  spe- 
logicians, 
jfii  paper, 
ar  Banks, 
how  the 
pital  was 
d  his  un- 
therefore 
say  Kew 
hey  were 
have  been 
ill  ordina- 
smmand  a 
T  the  Gore 
tpenses  of 
r  courtesy 
a  right  to 
in  subject- 
however, 
the  96.tr^ 
America  At 
/er  though 
nge.    Ex- 


thango  Is  now  worth  15  per  cent,  so  that  a  bill  for  i£100  sterling  at 
60  days'  sight  would  give  them  here  in  cash  ^£127  15  6  currency, 
while  cClOO  of  British  silver  would  commanded  125, from  which  deduct 
foroxpenscs,  including  interest  of  money,  insurance, frelght,&c.  at  least 
3  per  cent,  and  we  find  they  lose  c£5  15  6  currency  on  every  cClOO 
sterling  they  import  of  silver,  so  that  they  have  commenced  their 
operations  by  making  a  present  of  cC2000  or  so,  probably  more,  to 
the  other  Banks,  for  which  we  hope  they  will  bo  excused  any  cen- 
sure when  hereafter  in  selling  exchange  the  balances  turn  in  their 
favour.  We  trust  we  have  made  it  apparent  that  when  capital  is 
invested  in  Banking  and  paid  up  it  makes  no  real  difFerenoe  whether 
thespecie  is  imported  fromEngland  or  New  York, or  brought  through 
the  medium  of  Bills  of  Exchange,  or  taken  from  other  Banks  by 
sending  them  in  their  bills. 

Wo  are  not  aware  of  any  common  objections  made  to  Joint 
Stock  Banking  which  we  have  left  unnoticed,  and  shall  conclude 
this  part  of  our  subject  by  expressing  our  surprise  that  the  Banking 
Institutions  of  this  Province  should  be  modelled  after  those  existing 
in  the  United  States,  instead  of  those  in  Great  Britain  and  Ireland  j 
and  although  we  admit,  as  before  stated,  that  in  England  over- 
trading has  existed  to  a  great  extent,  we  deny  that  in  Scotland  or 
the  North  of  Ireland  any  charge  has  been  made  against  the  man- 
agement of  the  Banks,  and  we  feel  satisfied  that  should  any  im- 
provement be  made  in  the  system  in  England,  the  principle  of  full 
responsibility  on  the  part  of  the  Shareholders  will  not  be  given  up, 
nor  will  it  ever  be  required  of  persons  wishing  to  associate  for 
Banking  purposes  to  apply  to  Parliament  for  a  special  charter. 

Having  freely  stated  our  opinions  on  the  subject  of  Free  Bank- 
ing, we  proceed  to  offer  a  few  observations  on  the  present  position 
of  the  different  Banks  in  Upper  Canada. 

We  must  premise  that  during  the  last  Session  of  the  Legislature 
a  Restraining  Law  was  passed,  preventing  any  association  of  per- 
sons or  individuals  from  hereafter  issuing  paper,  intended  to  circu- 
late  as  money. 

Five  Banks  were  excepted  from  the  provisions  of  this  Act — four 
Joint  Stock  Companies,  viz.,  the  Bank  of  B.  N.  America,  thd 
Farmers*  Bank,  the  Bank  of  the  People,  and  the  Niagara  S.  B. 
Bank^  and  one   private   Bank,  Messrs.  Truscott,   Green  &  Co^ 


f 


10 

These  Banks  Iiad  all  gone  into  operation  and  the  Shareliolders  of 
course  had  been  at  considerable  expense  in  establishing  them,  so 
that  it  was  we  presume  considered,  to  be  no  more  than  just  to  allow 
them  to  continue  to  hold  the  position  which  they  had  previously 
done.  Of  the  5  Banks  above  mentioned  the  Branch  of  the  Bank  of 
British  North  America,  here,  has  not  yet  got  into  operation^ 

The  public  attention  has  been  so  long  anxiously  directed  to  tlie 
state  of  the  money  market  in  the  United  States,  that  we  need  only 
remind  our  readers  that  after  a  complete  prostration  of  individual 
credit  in  the  atlantic  ciiies,  such  as  has  perhaps,  never  been  before 
experienced,  the  Banks  in  New  York  and  subsequently  all  through- 
out the  United  States,  were  obliged  to  suspend  specie  payments 
early  in  May.  The  panic  consequent  on  this  act  soon  spread  to  the 
Canadas,  and  was  in  this  Province  materially  assisted  by  articles 
published  in  the  Constitution  newspaper  of  this  City,  in  whiclT  the 
public  were  warned  of  the  doubtful  solvency  of  the  Banks  and 
urged  to  turn  their  notes  into  specie  without  loss  of  lin^e. 

"We  are  aware  that  during  this  run,  a  feeling  of  hostility  has 
sprung  up  between  the  Joint  Stock  Banks  and  the  Bank  of  Upper 
Canada,  which  certainly  never  before  existed  on  the  part  of  ther 
former,  and  we  are  not  aware  that  it  did  so  on  the  part  of  the  lat'cer. 
We  proceed  to  consider  the  cause  of  this  hostility,  and  to  shew 
that  if  it  docs  exist,  the  Joint  Stock  Banks  have  neither  wilfully 
provoked  it,  nor  have  they  ever  been  anxious  to  keep  it  up.  The 
custom  with  Banks  everywhere,  is  to  exchange  their  paper  at  stated 
intervals  and  to  settle  the  balances  either  in  specie  or  by  drafts  at 
sight  on  some  place  where  it  suits  the  receiving  party  to  place  funds 
—there  is  usually  an  agreement  subsisting  to  this  effect.  This  is 
the  way  the  chartered  Banks  settle  their  balances,  and  the  Joint 
Stock  Banks  and  Messrs.  Truscott,  Green  &  Co.,  have  settled  with 
one  another  on  the  same  terms,  usually  however,  paying  balances 
in  notes  of  Uie  chartered  Banks  which  they  .  ?2c^  ;ved  and  held  as- 
specie. 

It  would  have  been  perhaps  better  had  these  Banks  come  at 
once  to  an  understanding  with  the  Bank  of  Upper  Canada,  whose 
paper  was  generally  held,  as  being  most  easily  converted,  and  bad 
their  balances  settled  weekly* 


11 

It  was,  however,  no  gain  to  them  to  hold  the  paper,  and  they  re- 
frained from  asking  a  settlement  solely  from  an  unwillingness  to 
give  any  cause  of  offence.  The  Bank  of  Upper  Canada  must,  how- 
ever, have  been  aware  that  both  the  Farmers'  and  People's  Bank 
held  balances  against  them  for  the  past  year,  and  had  they  made 
enquiry  they  would  no  doubt  have  been  informed  of  the  amount. 
Had  they  wished  for  a  settlement,  they  might  have  proposed  some 
plan  for  settling  balances  which  we  feel  satisfied  would  have  been  ac- 
ceded to  by  the  others.  We  are  sure  no  friend  of  the  Upper  Canada 
Bank  will  assert  that  that  Institution  would  have  held  over  paper  of 
the  Joint  Stock  Banks  for  months,  the  balance  on  the  two  Institu- 
tions varying  from  aC5000  to  ^15,000,  and  if  not  why  are  the  Joint 
Stock  Banks  to  be  blamed  for  asking  a  settlement  which  would  have 
been  rigidly  exacted  from  them. 

The  truth,  however  is,  that  before  any  demand  for  silver  to  any 
extent  was  made  upon  the  chartered  Banks,  the  Upper  Canada  and 
Commercial  Banks,  simultaneously  sent  instructions  to  their  agents 
to  refuse  the  notes  of  the  private  Banks.  This  we  assert,  was  the 
first  act  of  hostility. 

In  an  official  letter  the  Bank  of  Upper  Canada  say,  that  this 
order  arose  "  from  the  unprecedented  demand  for  silver,  and  was 
■**  not  intended  to  convey  any  insinuation  of  the  stability  of  other 
**  monied  Institutions."  It  is  also  well  known  that  for  several 
months  back,  they  have  made  a  difference  of  1  or  2  per  cent  be- 
tween their  own  notes  and  those  of  other  Banks  in  selling  silver  or 
drafts  on  New  York.  The  avowed  object  of  this  policy  was  to  re- 
duce their  circulation.  Now  we  appeal  to  every  intell-gent  man 
in  the  comm^^nity,  whether  the  proper  way  to  attain  this  object 
would  not  have  been,  to  have  received  the  paper  of  the  Banks 
holding  the  balance  against  tliem  on  the  same  terms  as  their  own, 
both  in  Toronto  and  at  the  agencies,  which  would  have  had  the 
Bame  effect  in  reducing  their  circulation  and  would  at  the  same 
time  have  induced  the  balance  held  by  the  other  Banks.  Instead 
of  pu'-guing  this  straightforward  course,  the  Bank  of  Upper  Canada 
took  every  means  to  increase  the  balance  held  by  the  Joint  Stock 
Banks,  by  ordering  their  agents  not  to  take  their  notes  and  a  'g 
2  per  cent  more  for  changing  their  notes  than  their  own. 


1» 


tr: 


).':: 


h 


(      ^f 


It  must  be  obvious  to  every  one  that  the  effect  of  refusing  the 
notes  of  the  Joint  Stock  Banks  at  the  agencies  of  the  chartered  ones 
must  in  such  times  as  the  present  have  had  the  effect  of  creating 
a  distrust  of  those  Banks.  This  they  say  was  not  the  intention, 
but  surely  it  would  have  been  but  common  courtesy  to  have  ap- 
prized these  Banks  that  such  a  course  was  about  being  pursued. 
It  must  likewise  be  recollected  that  the  suspension  of  specie  pay- 
ments was  generally  spoken  of,  and  it  was  publicly  rumoured  that 
the  Executive  of  the  Province  had  it  in  consideration  whether  such 
a  course  should  not  be  sanctioned.  Under  all  these  circumstances 
we  ask  every  impartial  man  in  the  community,  was  it  to  be  expected 
that  the  Joint  Stock  Banks  should  hold  the  notes  of  the  Bank  of  U. 
C.  as  specie  1  and  yet  their  sending  these  notes  in  for  payment  is 
the  only  act  of  hostility  which  can  be  charged  against  them.  On 
the  other  hand  we  charge  upon  the  officers  of  the  Bank  of  U.  C. 
that  they  first  issued  instructions  to  refuse  paper  which  they  had 
been  in  the  habit  of  taking  without  notice,  &  without  any  sufficient 
reason,  and  also  that  they  trealed  with  marked  disrespect  those  per- 
sons sent  on  behalf  of  the  Joint  Stock  Banks  to  obtain  payment  of 
their  balances,  and  even  went  so  far  as  on  one  occasion  to  refuse  their 
own  paper  in  exchange  from  the  Farmers'  Bank.  We  must  con- 
clude this  justification  of  the  Joint  Stock  Banks  during  the  late 
panic  with  disclaiming  on  their  part  and  their  friends  the  slightest 
wish  to  provoke  hostility,  or  to  act  in  any  way  calculated  to  give 
offence.  We  ask  for  them  fair  play  and  no  more,  and  we  trust  we 
shall  not  in  vain  appeal  to  Britons  for  simple  justice.  '• 

We  now  approach  the  most  important  part  of  our  subject,  namely, 
the  consideration  of  the  course  which  ought  to  be  pursued  by  the 
Legislature  during  the  ensuing  session.  We  hold  our  opinions  on 
this  subject  with  great  diffidence,  and  can  ha-dly  help  admit- 
ting that  we  almost  yield  our  judgment  to  the  general  wish  of  the 
community.  We  deem  it  to  be  beyond  dispute  that  the  demand 
for  silver  for  exportation  must  have  the  effect  of  withdrawing  from 
circulation  a  large  amount  of  the  notes  of  our  Banks.  We  are  pro- 
bably not  far  astray  in  estimating  the  circulation  of  the  different 
Banks  at  about  oCSOO.OOO.  Now  if  this  should  bo  in  a  few  months 
reduced  tu  one  half,  the  Banks  must  curtail  their  discoants  ce250,Q00 


■  •  < 


...:« 


13 


)g  the 
?d  ones 
reating 
ention, 
ve  ap- 
arsued. 
e  pay- 
id  that 
er  such 
stances 
Kpccted. 
kof  U. 
ment  is 
m.     On 
if  U.  C. 
ey  had 
ufticient 
ose  per- 
ment  of 
use  their 
ust  con- 
the  late 
slightest 
to  give 
trust  we 

,  namely, 
i  by  the 
nions  on 
n  admit- 
sh  of  the 
demand 
ing  from 
3  are  pro- 
different 
V  months 
«250,Q00 


and  the  effect  of  this  would,  we  believe,  be  that  a  number  of  :<ol- 
vent  merchants  in  the  province  would  have  to  yield  to  the  pressure. 
We  have  never  thought  the  interests  of  the  mercantile  commu- 
nity sufficiently  attended  to  by  the  Banks  in  this  province,  and  wo 
would  on  the  present  occasion  strenuously  insist  that  whatever 
course  may  be  adopted  their  interests  should  not  be  lost  sight  of. 
If  it  is  possible  consistently  with  a  proper  regard  for  their  interests 
that  the  Banks  can  continue  specie  payments  it  would  be  most  de- 
sirable that  it  should  be  done.  The  province  would  hold  a  proud 
position  if  it  could  maintain  the  credit  of  its  institutions  amid  the 
dreadful  crash  which  has  taken  place  on  every  side.  Should  it 
however  be  found  impossible  to  follow  this  course,  we  would  most 
strongly  deprecate  the  mere  legalized  suspension  of  cash  payments. 
We  would  earnestly  implore  the  Legislature  to  pause  before  they 
adopt  a  course  so  fraught  with  ruin  to  the  whole  community. 
Should  this  suspension  take  place  Bank  paper  will  be  depreciated 
never  again  to  regain  its  credit.  The  debtor  will  find  that  his  cre- 
ditor will  refuse  payment  in  the  only  currency  he  can  obtain,  and 
we  shall  be  in  the  same  condition  as  the  United  States,  where  it  is 
impossible  for  24  hours  together  to  know  what  paper  a  man  can  pay 
his  debts  in. 
^We  are  credibly  informed  that  Bills  of  the  United  States  Bank 
have  been  refused  in  payment  of  notes,  and  that  the  debtor,  who 
offered  them  in  payment,  had  to  stand  a  suit  for  the  debt. 

If  we  are  not  able  to  continue  specie  payments,  let  us  at  least 
have  some  description  of  paper  made  a  legal  tender  during  the 
suspension.  We  are  unwilling  to  give  an  opinion  as  to  whether  this 
paper  should  be  that  of  the  Bank  of  Upper  Canada  alone,  or  al!  the 
Chartered  Banks.  If  it  was  possible  that  the  Chartered  Banks 
could  come  to  an  understanding,  we  hold  that  only  one  description 
of  paper  should  be  legalized  as  a  tender,  but  we  confess  v/e  see 
difficulties  in  the  way  of  such  an  adjustment,  which  we  fear  are 
insurmountable  ;  and  it  may,  therefore,  be  neces&ary  for  the  three 
Chartered  Banks  to  be  put  on  the  same  footing.  Shoi^ld  this  plan 
be  adopted,  the  Legislature  will  of  course  see  the  propriety  of 
having  stated  returns  of  the  circulation  published  at  intervals,  and 
of  limiting  within  proper  bounds  the  extent  pf  circulatiop. 


«w><iMi,<iph»i  Hbti 


«w<wpB«*«pr 


•y 


,-./- 

«<•• 


'V 


'•^^wdt-'^r.';,-.' 


14 


'i«  (.■ 


Wc  feel  great  reluctance  in  admitting  that  any  circumstances 

sliould  occur  to  render  such  a  course  as  that  described  necessary, 

and  we  cannot  yet  say,  wc  are  satisfied  that  it  is  so,  but  we  do  clearly 

perceive  that  the  credit  of  our  institutions,  and  the  interest  of  the 

community  at  large,  require  that  a  different  course  should  be  taken 

from  that  adopted  in  the  United  States,  which  we  know  has  not 

worked  well.     The  plan  we  recommend  is  a  desperate  remedy  for 

th*^  existing  disease,  and  if  adopted,  will  require  every  guard  that 

can  be  thought  of  to  restrain  the  Bank  issues  within  bounds,  so  as  to 

enable  them  to  return  to  cash  payments  as  soon  as  possible.     This 

course  too,  we  believe,  would  be  better  than  issuing  the  paper  of 

Banks  which  have  suspended  specie  payment,  a  course  which  we 

do  not  believe  will  ever  be  sanctioned  by  an  intelligent  people. — 

We  are   far  from  wishing  to  disparage  the  paper  of  the  Lower 

Canada  Banks — we  have  no  doubt  of  their  stability — but  we  think 

that  they  themselves  can  hardly  approve  of  their  paper  being 

forced    into    circulation  at  a  distance,   among    a    people    whose 

confidence  in  their  own  Banks  has  been,  to  say  the  least,  shaken. 

The  attempt  to  legalize  the  suspension  of  specie  payments, 
on  the  part  of  the  Chartered  Banks,  without  making  paper  a 
legal  tender,  would,  as  we  have  already  stated,  inflict  serious 
injury  on  the  community  at  large,  but  would  press  with  the 
greatest  severity  upon  the  Joint  Stock  Banks.  It  must  be 
recollected  that  66100,000,  or  upwards,  of  debts,  will  be  falling  due 
to  these  Banks  during  the  ensuing  three  or  four  months  ;  and  w^e 
would  ask,  can  these  Banks  receive,  in  payment,  the  paper  of 
suspended  Banks,  of  which  they  can  make  no  use,  while  they  are 
obliged  to  meet  their  own  paper  with  specie  *?  It  will  be  impos- 
sible for  them  to  do  so,  and  they  will,  therefore,  be  compelled  to 
collect  their  debts  in  specie,  to  the  serious  loss  of  tlieir  debtors. — 
So  dreadful  has  been  the  inconvenience  caused  by  the  legalized 
suspension  in  the  United  States,  thait  in  New  Jersey  we  observe 
abill  has  been  introduced,  compelling  the  Sheriffs  to  stay  executions 
where  the  prosecutor  demands  gold  and  silver,  such  execution  not 
to  be  enforced  until  he  retracts.  We  entreat  our  readers  to  mark 
the  consequence,  a  man  is  obliged  either  to  lie  out  of  his  money, 
or  to  take  paper  of  which  he  can  make  no  use,  not  being  a  legal 
tender,  while  the  debtor  is  sued  and  unable  to  satisfy  his  debt  with 


h 


1^ 

the  only  currency  he  can  procure.  The  evil  consequences  in  thi» 
province  will  not,  however,  be  confined  to  the  Joint  Stock  Banks 
and  the  comnnunity  at  large,  but  will  seriously  affect  the  Free- 
holders Bank  as  well  as  the  other  new  Banks,  whose  charters  have 
not  yet  been  assented  to.  We  ask  the  friends  of  these  Banks,  if  the 
charters  are  assented  to,  how  they  can  get  their  stock  taken  up, 
while  this  suspension  exists  ?  If  the  Chartered  Bank  paper  should 
be  made  a  legal  tender  it  will,  for  the  present,  suit  them  as  well  to 
get  their  stock  paid  up  in  that  paper,  as  in  specie ;  but  without 
our  having  notes  of  some  description  made  a  legal  tender,  it  will 
be  impossible  for  these  Banks  to  get  into  operation.  It  may  be 
said  that  the  suspension  will  not  last  long,  a  few  months  perhaps, 
or  a  year,  but  we  can  instance  the  example  of  the  Bank  of  England, 
to  shew  the  great  difficulty  of  resuming  cash  payments,  after  a  sus- 
pension has  once  taken  place,  and  we  would  ask  how  could  business 
have  been  carried  on  in  England,  had  there  been  a  mere  suspension 
without  the  paper  of  the  Bank  of  England  having  been  made  a 
legal  tender?  The  friends  of  the  new  Banks  about  beings 
established  at  Toronto,  Sandwich,  Niagara,  St.  Catharines, Cobourg, 
Pnnce  Edward,  Brock ville,  and  Prescott,  may  depend  upon  it,  that 
any  measures  which  tend  to  give  additional  power  to  the  existing 
Chartered  Banks,  will  have  the  effect  of  injuring  their  interests. 
They  already  know  the  hostility  felt  by  these  institutions,  or  some  of 
them,  to  the  passing  of  their  Charters,  and  they  may  depend  upon  it^ 
that  th  hostility  remains  unabated,  and  the  surest  way  to  prevent 
these  institiutions  now  going  into  existence,  is  to  pass  any  measure 
which  will  encrease  the  influence  of  the  present  Chartered  Banks. 
We  wish  not,  nor  have  we  advocated  any  measure,  to  injure  these  in- 
stitutions, but  we  cannot  see  the  propriety  of  exalting  them  too  much. 
—Before  leaving  the  subject,  we  may  remark  tl>at  we  have  heard 
it  suggested  that  the  government  should  issue  debentures  for  small 
•mounts,  say  as  low  as  four  or  five  dollars,  not  bearing  interest,  which 
should  be  a  legal  tender.  This  proposition  would  in  some  respects 
answer  better  than  allowing  any  description  of  Bank  paper  to  be  a 
legal  tender,  as  such  debentures  would  command  greater  confidence 
in  the  country,  and  it  is  therefore  well  worthy  the  serious  consider^ 
ation  of  the  Legislature*- 


!i 


16 

We  hold  it  to  be  tlie  duty  of  the  government  to  provide  a  sound 
currency  for  the  country  if  it  is  necessary  to  restrain  the  Banks 
from  paying  in  specie.  The  reason  we  would  at  all  admit  the 
propriety  of  making  the  Chartered  Bank  paper  a  legal  tender,  is  that 
those  Banks  have  already  been  taken  under  the  protection  of  the 
government. 

His  Excellency  the  Lieutenant  Governor  has  authorized  all  pub- 
lic officers  to  take  their  notes,  and  has  used  all  his  influence  to  assist 
them.  We  assume  therefore  that  the  government  have  means  of 
knowing  the  perfect  solvency  of  these  Banks,  and  that  therefore 
the  Legislatnre  may  fairly  consider  the  Executive  responsible  that; 
their  paper  if  legalized  will  prove  a  sound  currency. 

Holding  these  views  then  we  refrain  from  giving  any  decided 
opinion  as  fo  whether  Government  Debentures,  U.  C  Bank  paper, 
or  the  notes  of  all  the  Chartered  Banks  should  be  legalized  as  a  ten- 
der ;  but  we  feel  satisfied  that  the  interests  of  the  country  require 
that  one  of  the  three  courses  should  be  followed,  if  it  is  thought 
necessary  that  there  should  be  a  suspension  of  specie  payments 
at  all. 

We  conclude  our  observations,  trusting  we  have  written  nothing 
calculated  to  give  offence  to  those  who  differ  from  us,  of  whom  we 
adroit  there  are  many  whose  opinions  we  highly  respect.  We  leave 
the  subject  in  the  hands  of  the  Legislature  who  will  we  trust  weigh 
well  every  argument  which  can  be  adduced  on  both  sides,  and  we 
trust  that  an  over-ruling  providence  may  guide  them  to  a  wise 
legislation  on  this  all  important  subject. 


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